论惩罚性违约金的效力

违约金的性质问题素有争议，其核心是惩罚性违约金的效力。惩罚性违约金具有惩罚和预防功能，其支付不以损害的发生为前提，无论根据诚实信用原则、意思自治原则，还是从维护交易秩序出发，都应该确认惩罚性违约金的效力。但惩罚性违约金不应被滥用，其应受到规制。

On Validity of Punitive Liquidated Damages

There have been always disputes on the nature of liquidated damages. The whether the punitive liquidated damages are valid or not. The punitive liquidated main problem is damages have functions of punishing and preventing the breach of the contract. Claiming the punitive liquidated damages doesn ＇ t need to prove the existence of damages. The court or arbitral organization should confirm the validity of punitive liquidated damages weather on the base of principle of fidelity or the freedom of contract, and it is also necessary to maintain the order of deals. However, in order to prevent from being abused, the punitive damages should be regulated.